T.Vijaya Chandar, v. M.Chalamaiah

THE HON'BLE SRI JUSTICE A.V. SESHA SAI CIVIL REVISION PETITION No.4034 of 2016 ORDER:

This revision, filed under Article 227 of Constitution of India, challenges the order of arrest, dated 15-03-2016 passed by the Court of Senior Civil Judge, Kadiri in E.P.No.20 of 2015 in O.S.No.152 of 2014.

Heard learned counsel for the petitioner and learned counsel for the respondent, apart from perusing the material available before this Court.

This Court, while ordering notice before admission on 19-08-2016 granted stay of all further proceedings including arrest of the petitioner in the said E.P. subject to the petitioner depositing half of the E.P. amount in the Court below, within a period of six (6) weeks.

It is represented by learned counsel for the petitioner so also the learned counsel for the respondent that pursuant to the above said order the amount as directed by this Court has been deposited by the petitioner.

During the course of hearing, it is agreed by learned counsel for the petitioner so also learned counsel for the respondent that the present revision can be disposed of by

granting three (3) bi-monthly installments for paying the entire amount.

In view of the above understanding, the Civil Revision Petition is disposed of, directing the petitioner to deposit 1/3rd of the remaining half of the amount due by 04-01-2017 and another 1/3rd by 04-03-2017 and the rest by 04-05-2017. It is further made clear that in the event of failure to deposit any one of the installments the order under challenge in the present Civil Revision Petition stands automatically revived. It is further made clear that the respondent/decree holder is entitled to withdraw the amount already deposited pursuant to the orders of this Court on 19-08-2016 and to be deposited in future, as directed above, without furnishing any security. There shall be no order as to costs.

The Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed.

___________________ A.V. SESHA SAI, J November 04, 2016 Pn

THE HON'BLE SRI JUSTICE A.V. SESHA SAI CIVIL REVISION PETITION No.4034 of 2016 November 04, 2016 Pn